Austin, Texas Businesses Use Cohn Legal for Trademark Services
Serving Austin, Texas companies, Cohn Legal, PLLC is a legal firm that is focused on providing superior counsel to clients across the United States and around the world. Think of us as your legal consigliere for all things related to trademarks, copyrights, and intellectual property.
Top 8 Questions Austin Businesses Have About Obtaining a Trademark
Is my U.S. trademark registration valid outside of the United States?
If you register your trademark in the United States, then it’s only valid within the United States. If you wish to do business in countries outside of the United States, then you’ll need to seek trademark protection in those countries. If you have questions about protecting your trademark internationally, then contact Cohn legal who has experience with markets in Israel and several countries across Europe.
When will my trademark expire or be canceled?
One of the great things about a trademark is that once it’s registered, it won’t ever expire. Just be sure that you keep up with renewals. Your first renewal will occur between 5 and 6 years of your initial registration date. Your next renewal will occur about 5 years after that. Then, renewals will occur every 10 years.
What is TEAS?
TEAS stands for the Trademark Electronic Application System. This is the online portal you can use to submit trademark applications to the USPTO and pay fees. TEAS is easy to use and gives you 60 minutes to complete your application, which should be more than enough time.
What is the fee to submit a trademark application through TEAS?
The USPTO offers three different types of applications to choose from when registering your trademarks. Each has its own fee:
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- The TEAS Plus Filing option is $225 per class of goods or services. TEAS Plus applicants may only choose from the list of pre-approved descriptions when designating their goods or services. The rate of refusal for TEAS Plus applicants is lower than the other applications.
- The TEAS Reduced Fee option is $275 per class of goods or services. It entails, first and foremost, the applicant to submit application-related correspondences electronically.
The TEAS Regular Filing option is $400 per class of goods or services. The TEAS Regular filing option is the most expensive and affords the greatest flexibility. Specifically, the identification of the goods or services may be drafted by the applicant and not be selected from an existing list.
What is an examining attorney?
The person at the USPTO who receives and reviews trademark applications is known as an examining attorney (a.k.a., examiner). Upon receipt of an application, the examining attorney will search the USPTO database looking for trademarks that may be similar to the trademark you’re trying to register. If a trademark that is similar enough to cause confusion in the marketplace is found, then your application will most likely be rejected. That’s why you should always conduct your own trademark search before submitting an application.
What is the Official Gazette?
The Official Gazette (OG) is the official journal of the USPTO. It is published every Tuesday. It includes bibliographic information and a representative drawing for each trademark published. Once a trademark is published in the OG, anyone can come forward within 30 days to oppose the trademark. If no one opposes, then the trademark is finalized.
Do I need to have a registered trademark before I start selling my goods or services?
There’s no law that says that you need to register your trademark. You can create a name or a logo and start selling your products right away. Although there’s no requirement to register your trademark, it is wise for you to do so. If a competitor sees you conducting business without a registered trademark, they can steal your logo and start using on their similar product. They may even register the mark. Now they’ll own it and you can’t use it. Any serious business owner knows how important it is to protect their trademark against infringement. Don’t put off the trademark registration process.
What is a “specimen” and when do I need one?
A specimen is simply a sample of how you intend to use your trademark. An examining attorney will want to see a specimen in the form of product label, packaging, flyers, sell-sheets, website screenshots, etc. as part of your trademark application.
Why Trademark Registration Matters for Austin Businesses
Are you opening a business in the Austin area? It’s a good location to start a new business venture because you’ll have access to a steady flow of tourists in addition to loyal year-round residents. As you make plans to get your new business up and running, don’t forget to register your trademark.
Imagine the following: Maurice is an expert angler and fisherman living in Austin. He decides to turn his passion into a small business by opening a fishing charter business. He’ll take tourists onto the bay in search of swordfish and tuna. Whatever they catch, he’ll clean and fillet for them to take home. He calls his business Awesome Angling Adventures. He doesn’t have much money, so he decides to wait on trademark registration.
He has the name of his new business painted on the sides of his boat. Next, he creates a small website and advertises in local papers. Maurice also purchases an inventory of fishing poles and other types of gear that he can rent to tourists who don’t have their own poles.
It’s not long before Maurice starts taking tourists on excursions. Word starts to spread that Maurice knows how to find fish and he becomes very popular. Unfortunately, this good fortune doesn’t last long.
It turns out that there’s a fishing charter business with the same name in Houston. The owners of that business were scouting Austin in hope of opening a second location when they saw Maurice’s boat. Since the Miami fishermen own the trademark to the name, they have their trademark attorney send a cease-and-desist letter to Maurice. They demand that Maurice stop operating and not reopen until he has a new name.
Now Maurice must spend more time and money rebranding his business. This is a serious setback for him and he wonders if he’ll be able to afford it. If Maurice had worked with a trademark attorney from the start, then he could have avoided this situation altogether.
If you have questions about trademark registration, then contact the attorneys at Cohn Legal for a no-cost trademark consultation.
* *Cohn Legal, PLLC is not located in Austin and yet it can assist businesses from Texas in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Austin Businesses
Submit Your Trademark
Now in 4 Easy Steps
TRADEMARK INFORMATION
Complete the Trademark Registration Form.
PRELIMINARY SEARCH
Our IP Attorneys will run a search of your trademark in the USPTO.
TM APPLICATION
We draft your TM Application and send it to you for your Review.
USPTO
We File the Application with the USPTO.